Marginal note:Basic or extraordinary expenses
  •  (1) A person whose property has been affected by the application of section 3 may apply to the Minister in writing for a certificate to exempt the property from the application of that section if the property is necessary for basic or extraordinary expenses or it is subject to a lien, mortgage or security interest, to a hypotec or prior claim, to a charge or to a judicial, administrative or arbitral decision.

  • Marginal note:Certificate

    (2) If it is established in accordance with Security Council Resolution 2206 that the property is necessary for basic or extraordinary expenses or that it is subject to a lien, mortgage or security interest, to a hypotec or prior claim, to a charge or to a judicial, administrative or arbitral decision, the Minister must issue a certificate within the following timelines:

    • (a) within 15 working days after receiving the application, in the case of property necessary for basic expenses, if the Committee of the Security Council did not oppose the application;

    • (b) within 30 working days after receiving the application, in the case of property necessary for extraordinary expenses, if the Committee of the Security Council approved the application; and

    • (c) within 90 days after receiving the application, in the case of property that is subject to a lien, mortgage or security interest, to a hypotec or prior claim, to a charge or to a judicial, administrative or arbitral decision that

      • (i) was created or issued before the coming into force of these Regulations;

      • (ii) is not for the benefit of a designated person; and

      • (iii) has been brought to the attention of the Committee of the Security Council by the Minister.

Marginal note:Certificate — parties to contract
  •  (1) If a party to a contract or a gratuitous transfer becomes a designated person, any party to that contract or transfer may apply to the Minister in writing for a certificate to exempt property from the application of section 3 to permit any party that is not a designated person to receive payments or a transfer or for the party that is a designated person to make payments or to complete the transfer.

  • Marginal note:Certificate — time period

    (2) The Minister must issue a certificate within 90 days after the day on which the application is received and at least 10 working days after the day on which he or she has informed the Committee of the Security Council of his or her intent to issue the certificate, if it is established that

    • (a) the contract was entered into or the transfer occurred prior to any party becoming a designated person; and

    • (b) the payments or transfer are not to be received, directly or indirectly, by a designated person, by a person acting on behalf of, or at the direction of, a designated person or by a person that is owned, held or controlled by a designated person.

Marginal note:Mistaken identity
  •  (1) A person in Canada, or any Canadian outside Canada, whose name is the same as or similar to the name of a designated person and that claims not to be that designated person may apply to the Minister in writing for a certificate stating that they are not that designated person.

  • Marginal note:Determination by Minister

    (2) Within 45 days after the day on which the application is received, the Minister must,

    • (a) if he or she is satisfied that the applicant is not the designated person, issue a certificate; or

    • (b) if he or she is not so satisfied, provide notice to the applicant of his or her determination.

Information Sharing

Marginal note:Disclosure by official
  •  (1) An official may, for the purpose of responding to a request from the Security Council of the United Nations, the Committee of the Security Council, the Panel of Experts or the Focal Point for De-listing, disclose personal information to the Minister.

  • Marginal note:Disclosure by Minister

    (2) The Minister may, for the purpose of administering or enforcing these Regulations or fulfilling an obligation under a resolution of the Security Council of the United Nations, disclose personal information to the Security Council of the United Nations, the Committee of the Security Council, the Panel of Experts or the Focal Point for De-listing.

Legal Proceedings

Marginal note:Prohibition — legal proceedings

 No legal proceedings lie in Canada at the instance of the Government of South Sudan, of any person or entity in South Sudan, of a designated person or of any person claiming through or acting on behalf of or for the benefit of any such person or entity in connection with any contract or other dealing if its performance was prevented in any way by these Regulations.

Application Before Publication

Marginal note:Application

 For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply before they are published in the Canada Gazette.

Coming into Force

Marginal note:Registration

 These Regulations come into force on the day on which they are registered.

 
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